8.  The applicant was born in 1964 and lives in London.
9.  The applicant, then aged sixteen years, was convicted of the murder of his grandmother on 12 October 1981. At his trial, he had unsuccessfully raised the defence of diminished responsibility, based on the fact that he had been addicted to glue sniffing for several years. He was sentenced to detention at Her Majesty’s Pleasure pursuant to section 53(1) of the Children and Young Persons Act 1933. His tariff (the portion of sentence representing punishment and deterrence) was set at 10 years.
10.  On 26 January 1994, the applicant, aged 29 years, was released on life licence.
11.  No concerns arose with his supervising probation officer until in April 1997 the applicant told her that he had been having a sexual relationship with MM, a 16-year-old youth. MM was regarded as a vulnerable youth and had been provided with the support of a social worker following his involvement in a theft offence.
12.  In June 1997, the applicant was arrested on suspicion of being in possession of prohibited drugs (namely, ecstasy tablets). He was taken to a police station and released on bail. His probation officer sent him a registered letter requesting him to meet her on 20 June 1997. He did not attend the meeting or make any contact by telephone until 23 June 1997, when he agreed to meet her the next day.
13.  On 24 June 1997, however, the applicant made a suicide attempt, taking 30 paracetamol tablets. He was discharged from hospital on 25 June 1997. He met his probation officer on 26 June 1997 and agreed to meet her again on 1 July 1997. He failed to keep the appointment, telephoning to say that he had overslept.
14.  On 2 July 1997, he met with his probation officer and Mr L. from the Community Drug and Alcohol Services. During this meeting, the applicant admitted that he had been using drugs (LSD, ecstasy and cannabis) since his release from prison and that his use of ecstasy was beyond his control. He obtained the drugs from friends or acquaintances who expected him to do favours for them in return. He stated that he was no longer having a sexual relationship with MM but that MM had been staying with him at his flat. He met with his probation officer again on 4 July 1997.
15.  In her report of 4 July 1997, the probation officer stated:
“Until October 1996 [the applicant’s] response to his Licence, in terms of reporting for appointments, had been exemplary and he appeared to have made good progress in settling into the community, via stable employment and the allocation of his own council flat. It would appear however, that his resignation from his job in September 1996 significantly impacted on the sense of structure and purpose he then had about his day to day life which he now admits he has since found difficult to attain. Until recently, his presentation during our meetings gave no cause for concern. However, he now reports that he had been less than honest about the changes in his functioning as he feared a recall to prison, particularly given his initial stability and progress. In addition to his now admitted drug use, it would appear that [the applicant’s] anxieties about his future are limited to: (a) his previous unsafe sexual practices and the possible consequences of this on his health; (b) his wish to have a long-term and supportive monogamous relationship; (c) his growing sense of loneliness and isolation despite a wide social network... and (d) a sense of stagnation about the course of his life, particularly in finding alternative employment to date, despite extensive efforts. These issues, alongside [the applicant’s] behaviour over the past month, clearly indicate that he is vulnerable and that close monitoring of his situation at this time is crucial.”
16.  She concluded that he posed a risk to himself and that there are “no indications that he is a risk to the public in terms of dangerousness”.
17.  On 4 July 1997, the Assistant Chief Probation Officer prepared a report that stated:
“[The applicant] had demonstrated, and recently admitted, that his behaviour has been both self-destructive (through drug misuse, relationships with others and a suicide attempt) and that he posed a risk to a minor. ... The area of risk to the public stems from his relationship with a minor.”
She noted that there had been an openness about long-standing problems and some degree of insight coming out of the crisis of recent weeks that suggested that the applicant could work on them. She concluded that a final recommendation was difficult given the area of risk to himself and proposed that a psychiatric report be prepared concerning his current level of functioning and future prognosis and specifically an assessment of self-harm.
18.  On 11 July 1997, the Parole Board considered the applicant’s case and recommended his recall to prison.
19.  On 21 July 1997, the Secretary of State accepted the recommendation, revoked the applicant’s licence and recalled him to prison. He was informed that the reasons for his recall were
“1.  You have recently disclosed that you have been misusing drugs since your release in 1994, and following your arrest in June [1997] there is also a possibility that you will be convicted of the possession of, and intent to supply, illegal drugs. 3.  You have breached your licence conditions by not maintaining contact with your supervising officer in accordance with her instructions and by not being open and honest with her. 4.  You attempted suicide.
The Parole Board and the Secretary of State took the view that for your own safety and the safety of others it was inappropriate to allow you to remain at liberty.”
20.  On 29 July and 5 August 1997, the applicant submitted written representations to the Parole Board concerning his recall to prison. He admitted inter alia that before his arrest in June 1997 he had been taking 10 to 20 ecstasy tablets a day and that he had not been honest about his drugs abuse with his probation officer. He stated that his relationship with MM was now platonic and that he had terminated sexual contacts on discovering that he was 16. He stated that he had not been involved in drug dealing and hoped to be able to deal with his drug problem, now it was out in the open, with the assistance of the probation service within the community.
21.  On 5 September 1997, the Parole Board considered the applicant’s case. There was no oral hearing. It decided:
“The index offence involved the brutal murder of [the applicant’s] grandmother, when he was 16. After constructive progress in prison, which included work on one of the key risk factors - drug abuse - he was released on licence in January 1994. In July 1997, [the applicant] was recalled to prison for drug misuse, including the possibility that he will be convicted of intention to supply, having a sexual association with a minor, breach of licence conditions and attempted suicide.
The Panel has considered all the relevant reports and taken careful note of [the applicant’s] representations... In spite of the considerable attempts by the Local Probation Service to enforce [the applicant’s] licence, his behaviour in recent months demonstrates that he is at risk not just to himself but to other members of the community. Irrespective of whether [the applicant] is convicted of an offence, he has admitted extensive illegal drug abuse and the concerns about his sexual involvement with a minor were sufficient to merit a case conference. Furthermore, the incidents of self harm indicate the need for thorough psychiatric assessment. It is in the interests of public safety and [the applicant’s] longer term well being that the recall be confirmed. A full assessment of the factors underlying the breakdown of the licence needs to be made, together with plans to tackle what appears to be deep rooted problems of drug abuse and social isolation.
The Panel noted that [the applicant] has shown a willingness to co-operate with Probation and has demonstrated an ability to comply with the terms of his licence. Twelve months should be sufficient time for him to be assessed to stabilise and to tackle the problems identified.”
22.  On 14 October 1997, the applicant was informed that the Parole Board had considered his recall on the papers and upheld the decision to revoke his life licence. He was told that he would be informed of the date of the next review once the Crown Prosecution Service had made a decision regarding the case against him for drugs possession.
23.  On 17 November 1997, the applicant was informed that the Crown Prosecution Service had decided not to prosecute him for the alleged drugs offence and that his case would be reviewed by the Parole Board in October 1998.
24.  A number of reports were prepared to assist the Parole Board in the coming review.
25.  In his report of 10 June 1998, Mr B., the Principal Case Officer stated:
“[The applicant’s] misuse of illegal substances for many years remains a major risk concern. However he acknowledges this and had taken steps to challenge this issue. If he can display the same harmony in the community as he has in the custodial setting there is no purpose served by his retention in custody. However constructive supervision and support will initially be required.”
26.  His probation officer stated in a report of 29 June 1998:
“... provided that he is given the necessary support and receives sustained input to encourage his current anti-drugs attitude and drug-free status, he can safely be released into the community.”
27.  In a report of 23 June 1998, a forensic psychologist noted that “the major risk factor contributing to his committing the original offence ... was drugs abuse”.
28.  In July 1998, the applicant received his parole dossier. On seeking legal advice prior to his Parole Board review, the applicant was advised that the Prison Service had failed to apply the procedure applicable to his recall under the interim arrangements implemented pending the entry into force of the Crime Sentences Act 1997. He should under those administrative provisions have received an oral hearing concerning his recall, though this was not a statutory entitlement.
29.  An application for legal aid for bringing judicial review proceedings was made on 16 July 1998 and legal aid granted on 7 September 1998.
30.  On 9 September 1998, the Prison Service informed the applicant:
“We have now looked into the circumstances surrounding the revocation of [the applicant’s] life licence in July 1997. While we accept that, due to an oversight, the procedures did not follow the interim arrangements for dealing with HMP detainees, there is, in our view, no question that [the applicant’s] recall to prison was or is in any way unlawful or invalid...
Under the circumstances, we see no reason or justification for any declaration or order directing his release or authorising compensation.”
31.  On 30 September 1998, the applicant applied for judicial review. Leave was granted on 6 October 1998. The full hearing of his case was not scheduled to take place until 1999.
32.  An oral hearing was held by the Parole Board on 27 October 1998, at which the applicant was present and represented, following which it directed the applicant’s release. In its decision it stated:
“In reaching its decision the panel took account of the following:
(i)  the absence of any violence or threat of violence since the index offence either in prison or when on licence for three and a half years;
(ii)  your acceptance of an inappropriate lifestyle when previously released on licence and your frank acknowledgement of your drug abuse during that time;
(iii)  the fact that since recall you have been drug free;
(iv)  reports of your increased maturity and strong motivation to keep clear of drugs and the drug scene in future;
(v)  the greater relevance of the proposed community based drugs rehabilitation and relapse prevention programme that is available through drug link;
(vi)  the agreement of the Inner London Probation Service to provide an approved probation hostel place for up to twelve weeks to assist in your reintroduction to the community and the help you will receive in obtaining employment;
(vii)  your acceptance of the need to be totally honest with your supervising probation officer in future...”
33.  The applicant was released on 17 November 1998.
34.  In advice dated 8 January 1999, counsel advised that since he had been released no further purpose could be served by continuing with the judicial review application. There was no prospect of obtaining any damages for the period spent in detention after recall.
35.  On 6 March 1999, the judicial review proceedings were ended by a consent order.
36.  On 21 December 1999, the applicant was again recalled to prison, following his arrest for possession of a Class A drug (ecstasy) and a Class B drug (cannabis). His recall was recommended by the Parole Board and he continues to be detained in prison on the recommendation of the Parole Board following periodic reviews of his case. He is currently detained in open prison and his next review is scheduled for December 2002.